Calcutta High Court
CRM (A)/2211/2026 of PETITIONER Vs STATE OF WEST BENGAL AND ANR on 27 August 2026
Sl. No. 51 Ct. No. 446 SG [ALLOWED] C. R. M. ( A ) 2211 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection Thanarpara Police Station Case No. 01/2026 dated 03.01.2026 under Sections 85/109/74/64/62/3(5) of the
27.08.2026
Sl. No. 51
Ct. No. 446
SG
[ALLOWED]
C. R. M. (A) 2211 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection Thanarpara Police Station Case No. 01/2026 dated 03.01.2026 under Sections 85/109/74/64/62/3(5) of the Bharatiya Nyaya Sanhita, 2023.
And
In Re: XXX.
… … Petitioner
Mr. Arindam Jana,
Mr. Shahan Shah,
Ms. I. Rahaman.
… for the petitioner
Mr. Amit Roy.
… for the State
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1. Learned Advocate appearing for the petitioner submits that, following a dispute arising in the marital life of the victim and accused No. 1, this case came to be registered. He submits that certain wild allegations have been made against the petitioner, who happens to be the father-in-law of the victim, and his family members. He submits that the prosecution has also not been able to collect any prima facie material in support of the allegations made by the prosecutrix in the FIR. He submits that, in a case arising out of a matrimonial dispute, there is a tendency to rope in all the family members by making certain allegations and, while dealing with an application for anticipatory bail, the Court will look into the materials collected by the Investigating Officer in the course of investigation to ascertain whether there is any material to lend support to the prosecution story.
2. Learned Advocate appearing for the State produces the case diary and opposes the prayer for anticipatory bail.
3. Heard learned Advocates appearing for the respective parties and perused the case diary and other materials available on record.
2 Charge-sheet has been submitted. There is no prayer made in the charge-sheet seeking leave to file a supplementary charge-sheet. The materials on record suggest that the victim refused to undergo medical examination. Considering the statement made in the complaint, the statements of other witnesses recorded under Section 180 of the BNSS, and also the statement of the victim recorded under Section 183 of the BNSS and the further fact that the alleged incident occurred in the presence of direct evidence, I am of the view that the benefit under Section 482 of the BNSS can be extended in favour of the petitioner.
4. In view of the above, the prayer for anticipatory bail is allowed.
5. Accordingly, I direct that, in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of the like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Tehatta, Nadia, and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
6. The application for anticipatory bail is, thus, disposed of.
(Partha Sarathi Chatterjee, J.)